California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 2 - California Apprenticeship Council
Subchapter 1 - Apprenticeship
Article 5 - Equal Opportunity in Apprenticeship
Section 214.4 - Required training and education regarding harassment and discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation

(A) "Classroom" training is in-person, trainer-instruction, whose content is created by a trainer and provided to an employee, instructor, or apprentice by a trainer, in a setting removed from the participants daily duties.

(B) "E-learning" training is individualized, interactive, computer-based training created by a trainer and an instructional designer. An e-learning training shall provide a link or directions on how to contact a trainer who shall be available to answer questions and to provide guidance and assistance about the training within a reasonable period of time after the employee, instructor, or apprentice asks the question, but no more than two business days after the question is asked.

(C) "Webinar" training is an internet-based seminar whose content is created and taught by a trainer and transmitted over the internet or intranet in real time. A Program utilizing a webinar for its employees, instructors and apprentices must document and demonstrate that each participant who was not physically present in the same room as the trainer nonetheless attended the entire training and actively participated with the training's interactive content, discussion questions, hypothetical scenarios, polls, quizzes or tests, and activities. The webinar must provide the participants an opportunity to ask questions, to have them answered and otherwise to seek guidance and assistance.

(D) For any of the above training methods, the instruction shall include questions that assess learning, skill-building activities that assess the participant's application and understanding of content learned, and numerous hypothetical scenarios about harassment, each with one or more discussion questions so that employees remain engaged in the training. Examples include pre- or post-training quizzes or tests, small group discussion questions, discussion questions that accompany hypothetical fact scenarios, use of brief scenarios discussed in small groups or by the entire group, or any other learning activity geared towards ensuring interactive participation as well as the ability to apply what is learned to the participant's work environment.

1) the definitions of abusive conduct, sexual harassment as specified in Government Code section 12940(j), gender identity, gender expression, sexual orientation, age, and the definitions of the other bases enumerated in the FEHA as specified in Government Code section 12940(a);

2) how to identify behavior that may constitute unlawful harassment, discrimination, and/or retaliation under both California and federal law;

3) what steps to take when harassing behavior occurs in the workplace;

4) how to report harassment complaints;

5) supervisors' obligation to report harassing, discriminatory, or retaliatory behavior of which they become aware;

6) how to respond to a harassment complaint;

7) the employer's obligation to conduct a workplace investigation of a harassment complaint;

8) what constitutes retaliation and how to prevent it;

9) essential components of an anti-harassment policy;

10) the effect of harassment on harassed employees, co-workers, harassers and employers; and

11) practical examples in the prevention of harassment, discrimination, and retaliation based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation and the prevention of abusive conduct. Nothing in this section shall preclude an employer from utilizing multiple trainers who, in combination, meet all of the qualifications required by this subsection.